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Bill > S0492


FL S0492

FL S0492
Estates


summary

Introduced
In Committee
Crossed Over
Passed
Dead
Signed/Enacted/Adopted
06/14/2013

Introduced Session

2013 Regular Session

Bill Summary

Deleting a provision that provides that certain information relating to a state death tax credit or a generation-skipping transfer credit is not applicable to estates of decedents dying after a specific date; providing an exception to property held by agents and fiduciaries; providing that property held by fiduciaries under trust instruments is presumed unclaimed under certain circumstances; specifying that a certain subsection does not require a caveator to be served with formal notice of its own petition for administration; providing provisions relating to gifts to lawyers and other disqualified persons, etc.

AI Summary

This bill makes several changes to Florida's estate and trust laws, including removing a provision that stated certain information about state death tax credits and generation-skipping transfer credits would not apply to estates of decedents dying after a specific date, thereby making that provision retroactive to January 1, 2013. It also clarifies exceptions for property held by agents and fiduciaries, establishes a presumption that property held by fiduciaries under trust instruments is unclaimed under certain conditions, and specifies that a person who files a petition for administration (a "caveator") does not need to be formally notified of their own petition. Additionally, the bill introduces new rules regarding gifts to lawyers and other "disqualified persons" (individuals who might unduly influence the gift, such as a lawyer who prepared the document or their relatives), making such gifts void unless the recipient is related to the person making the gift, with exceptions for fiduciary appointments and provisions for purchasers who acquire property in good faith. It also updates procedures for producing wills, clarifies definitions related to trusts, modifies rules regarding jurisdiction over trustees and beneficiaries, and adjusts how legal documents are served in trust matters. Finally, it makes technical amendments to various sections concerning trust accounting, director qualifications for certain associations, and definitions of beneficiaries and devisees.

Committee Categories

Business and Industry, Justice

Sponsors (1)

Other Sponsors (2)

Banking and Insurance (Senate), Judiciary (Senate)

Last Action

Chapter No. 2013-172 (on 06/17/2013)

bill text


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